The Trial, Franz Kafka [primary phonics .txt] 📗

out of this by myself.” “How do you intend to do that?”

asked K. “You did say yourself not long ago that it’s quite impossible to go to the court with reasons and proofs.” “Only impossible for reasons and proofs you take to the court yourself ” said the painter, raising his forefinger as if K. had failed to notice a fine distinction.

“It goes differently if you try to do something behind the public court, that’s to say in the consultation rooms, in the corridors or here, for instance, in my studio.” K. now began to find it far easier to believe what the painter was saying, or rather it was largely in agreement with what he had also been told by others. In fact it was even quite promising. If it really was so easy to influence the judges through personal contacts as the lawyer had said then the painter’s contacts with these vain judges was especially important, and at the very least should not be undervalued. And the painter would fit in very well in the circle of assistants that K. was slowly gathering around himself.

He had been noted at the bank for his talent in organising, here, where he was placed entirely on his own resources, would be a good opportunity to test that talent to its limits. The painter observed the effect his explanation had had on K. and then, with a certain unease, said, “Does it not occur to you that the way I’m speaking is almost like a lawyer?

It’s the incessant contact with the gentlemen of the court has that influence on me. I gain a lot by it, of course, but I lose a lot, artistically speaking.” “How did you first come into contact with the judges, then?” asked K., he wanted first to gain the painter’s trust before he took him into his service. “That was very easy,” said the painter, “I inherited these contacts. My father was court painter before me. It’s a position that’s always inherited. The can’t use new people for it, the rules governing how the various grades of officials are painted are so many and varied, and, above all, so secret that no-one outside of certain families even knows them. In the drawer there, for instance, I’ve got my father’s notes, which I don’t show to anyone.

But you’re only able to paint judges if you know what they say.

Although, even if I lost them no-one could ever dispute my position because of all the rules I just carry round in my head. All the judges want to be painted like the old, great judges were, and I’m the only one who can do that.” “You are to be envied,” said K., thinking of his position at the bank. “Your position is quite unassailable, then?”

“Yes, quite unassailable,” said the painter, and he raised his shoulders in pride. “That’s how I can even afford to help some poor man facing trial now and then.” “And how do you do that?” asked K., as if the painter had not just described him as a poor man. The painter did not let himself be distracted, but said, “In your case, for instance, as you’re totally innocent, this is what I’ll do.” The repeated mention of K.‘s innocence was becoming irksome to him. It sometimes seemed to him as if the painter was using these comments to make a favourable outcome to the trial a precondition for his help, which of course would make the help itself unnecessary. But despite these doubts K. forced himself not to interrupt the painter. He did not want to do without the painter’s help, that was what he had decided, and this help did not seem in any way less questionable than that of the lawyer. K. valued the painter’s help far more highly because it was offered in a way that was more harmless and open.

 

The painter had pulled his seat closer to the bed and continued in a subdued voice: “I forgot to ask you; what sort of acquittal is it you want? There are three possibilities; absolute acquittal, apparent acquittal and deferment. Absolute acquittal is the best, of course, only there’s nothing I could do to get that sort of outcome. I don’t think there’s anyone at all who could do anything to get an absolute acquittal. Probably the only thing that could do that is if the accused is innocent. As you are innocent it could actually be possible and you could depend on your innocence alone. In that case you won’t need me or any other kind of help.”

 

At first, K. was astonished at this orderly explanation, but then, just as quietly as the painter, he said, “I think you’re contradicting yourself.” “How’s that?” asked the painter patiently, leaning back with a smile. This smile made K. feel as if he were examining not the words of the painter but seeking out inconsistencies in the procedures of the court itself. Nonetheless, he continued unabashed and said, “You remarked earlier that the court cannot be approached with reasoned proofs, you later restricted this to the open court, and now you go so far as to say that an innocent man needs no assistance in court. That entails a contradiction. Moreover, you said earlier that the judges can be influenced personally but now you insist that an absolute acquittal, as you call it, can never be attained through personal influence. That entails a second contradiction.” “It’s quite easy to clear up these contradictions,” said the painter. “We’re talking about two different things here, there’s what it says in the law and there’s what I know from my own experience, you shouldn’t get the two confused. I’ve never seen it in writing, but the law does, of course, say on the one hand that the innocent will be set free, but on the other hand it doesn’t say that the judges can be influenced. But in my experience it’s the other way round. I don’t know of any absolute acquittals but I do know of many times when a judge has been influenced. It’s possible, of course, that there was no innocence in any of the cases I know about. But is that likely? Not a single innocent defendant in so many cases? When I was a boy I used to listen closely to my father when he told us about court cases at home, and the judges that came to his studio talked about the court, in our circles nobody talks about anything else; I hardly ever got the chance to go to court myself but always made use of it when I could, I’ve listened to countless trials at important stages in their development, I’ve followed them closely as far as they could be followed, and I have to say that I’ve never seen a single acquittal.”

“So. Not a single acquittal,” said K., as if talking to himself and his hopes. “That confirms the impression I already have of the court. So there’s no point in it from this side either. They could replace the whole court with a single hangman.” “You shouldn’t generalise,” said the painter, dissatisfied, “I’ve only been talking about my own experience.” “Well that’s enough,” said K., “or have you heard of any acquittals that happened earlier?” “They say there have been some acquittals earlier,” the painter answered, “but it’s very hard to be sure about it. The courts don’t make their final conclusions public, not even the judges are allowed to know about them, so that all we know about these earlier cases are just legends. But most of them did involve absolute acquittals, you can believe that, but they can’t be proved. On the other hand, you shouldn’t forget all about them either, I’m sure there is some truth to them, and they are very beautiful, I’ve painted a few pictures myself depicting these legends.” “My assessment will not be altered by mere legends,” said K. “I don’t suppose it’s possible to cite these legends in court, is it?” The painter laughed.

“No, you can’t cite them in court,” he said. “Then there’s no point in talking about them,” said K., he wanted, for the time being, to accept anything the painter told him, even if he thought it unlikely or contradicted what he had been told by others. He did not now have the time to examine the truth of everything the painter said or even to disprove it, he would have achieved as much as he could if the painter would help him in any way even if his help would not be decisive. As a result, he said, “So let’s pay no more attention to absolute acquittal, but you mentioned two other possibilities.” “Apparent acquittal and deferment. They’re the only possibilities,” said the painter. “But before we talk about them, would you not like to take your coat off?

You must be hot.” “Yes,” said K., who until then had paid attention to nothing but the painter’s explanations, but now that he had had the heat pointed out to him his brow began to sweat heavily. “It’s almost unbearable.” The painter nodded as if he understood K.‘s discomfort very well. “Could we not open the window?” asked K. “No,” said the painter. “It’s only a fixed pane of glass, it can’t be opened.” K. now realised that all this time he had been hoping the painter would suddenly go over to the window and pull it open. He had prepared himself even for the fog that he would breathe in through his open mouth. The thought that here he was entirely cut off from the air made him feel dizzy. He tapped lightly on the bedspread beside him and, with a weak voice, said, “That is very inconvenient and unhealthy.” “Oh no,”

said the painter in defence of his window, “as it can’t be opened this room retains the heat better than if the window were double glazed, even though it’s only a single pane. There’s not much need to air the room as there’s so much ventilation through the gaps in the wood, but when I do want to I can open one of my doors, or even both of them.” K. was slightly consoled by this explanation and looked around to see where the second door was. The painter saw him do so and said, “It’s behind you, I had to hide it behind the bed.” Only then was K. able to see the little door in the wall. “It’s really much too small for a studio here,” said the painter, as if he wanted to anticipate an objection K.

would make. “I had to arrange things as well as I could. That’s obviously a very bad place for the bed, in front of the door. For instance when the judge I’m painting at present comes he always comes through the door by the bed, and I’ve even given him a key to this door so that he can wait for me here in the studio when I’m not home.

Although nowadays he usually comes early in the morning when I’m still asleep. And of course, it always wakes me up when I hear the door opened beside the bed, however fast asleep I am. If you could hear the way I curse him as he climbs over my bed in the morning you’d lose all respect for judges. I suppose I could take the key away from him but that’d only make things worse. It only takes a tiny effort to break any of the doors here off their hinges.” All the time the painter was speaking, K. was considering whether he should take off his coat, but he finally realised that, if he didn’t do so, he would be quite unable to stay here any longer, so he took off his frock coat and lay it on his